Injury to Feelings

[Thanks to Jahad Rahman of Rahman Lowe Solicitors for preparing this case summary]

Should compensation for general damages be increased by 10%?

Yes, says the Court of Appeal in the case of Simmons v Castle, revising its earlier judgement.

The Court of Appeal made two important changes to its earlier judgement and held that, with effect from 1 April 2013, "the proper level of general damages in all civil claims for (i) pain and suffering, (ii) loss of amenity, (iii) physical inconvenience and discomfort, (iv) social discredit, (v) mental distress, or (vi) loss of society of relatives, will be 10% higher than previously". However, the 10% increase in general damages will not apply to claims that fall within Section 44(6) of the Legal Aid, Sentencing and Punishment Offenders Act 2012 ("LASPO"), that is Claimants who enter into a conditional fee agreement ('no win, no fee' agreement) before 1 April 2013.

Whilst the case relates to a personal injury appeal, it is likely that injury to feelings awards in discrimination claims will go up by 10%.